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NY K84396




March 30, 2004

MAR-2-34:RR:NC:SP:237 K84396

CATEGORY: MARKING

Mr. Peter W. Klestadt and
Mr. Harold I. Loring
399 Park Avenue - 25th Floor
New York, New York 10022-4877

RE: Country of origin marking requirements for a layered pillar candle made in China.

Dear Mr. Klestadt and Mr. Loring:

In your letter of March 17, 2004, on behalf of Shonfeld’s, you requested a binding ruling on the country of origin marking requirements for a layered wax-filled pillar shaped paraffin candle that will be manufactured in China from six Israeli origin wax rings, one Israeli origin candle core with wick and Chinese wax. Your samples are being returned.

The Israeli wax layers consist of three red and three white wax rings (approx. 2-7/8”D x 1”H) having 3/4” drilled centers except for one. The Israeli candle core consists of a rough fluted white wax candle with wick (approx. 1”D x5-1/4”H). In China the rings are fitted and stacked around the wax candle core, filled, solidified and over-dipped with a hot Chinese wax solution to produce a layered wax-filled pillar shaped candle (3”D x 5-3/4”H).

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134) implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304.

Section 134.1(b), Customs Regulations {19 CFR 134.1(b)}, defines “country of origin” as the country of manufacture, production or growth of any article of foreign origin entering the U.S. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the “country of origin” within the meaning of the marking laws and regulations. For country of origin marking purposes, a substantial transformation of an imported article occurs when it is used in manufacture, which results in an article having a name, character, or use differing from that of the imported article (19 CFR 134.35).

The six wax rings and rough wax candle core of Israeli origin will be substantially transformed in China by manufacturing into a uniformly layered wax-filled paraffin candle of Chinese origin, by fitting, stacking, filling, solidifying and over-dipping with a hot wax solution of Chinese origin. The manufacturing process performed in China transforms the six uneven wax rings and rough wax candle core of Israeli origin into a uniformly layered wax-filled paraffin candle with a decorative appearance, distinctive red and white layered scheme, finished wax surface and sharply defined lines. Therefore, the layered wax-filled candle will be required to be marked country of origin China pursuant to 19 U.S.C. 1304.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or control number indicated above should be provided with entry documents filed at the time merchandise is imported. For any questions on the ruling, contact National Import Specialist Frank Cantone at 646-733-3038.

Sincerely,

Robert B. Swierupski

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